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Section 8 of the Housing Act 1988 - Notice to Quit - Grounds for Eviction

​Section 8 of the Housing Act 1988 has 17 grounds for evicting a tenant –

  • the first 8 are
    • Mandatory, -  the judge has no discretion and must grant eviction.
  • Grounds 9 to 17 are
    • discretionary, - the judge will act as s /he sees fit and fair.
  • Do not confuse this with a section 8 tenant - an American tenant in receipt of housing cost assistance.  This is not a UK concept.
  • A Section 8 Notice to Quit will lapse (expire) 12 months after served on a tenant.
  • Grounds for eviction:
  • 1-8 Mandatory;
    • 1  Owner principle former home returning
    • 2  HA’88 mortgagee default s.101 LPA 25
    • 3 Fixed term < 8 months AND former holiday let
    • 4 Term < 12 months etc.
      • Ground 4A Student eviction permissible if less than six months elapsed between signing tenancy and start of tenancy.
      • This new amended ground is a proposal of the Rents Rights Bill currently going through parliament in 2025
    • 5 Minister of religion e.g. manse required.
    • 6 Renovation works render uninhabitable
    • 7 Former tenant of Deceased
    • 8 Rent Arrears according to rent frequency
  • 9-17 Discretionary:
    • 9 Suitable alternative accommodation available
    • 10 Some unpaid rent on date of service
    • 11 Persistent late rent
    • 12 Unperformed obligation or default tenancy
    • 13House deterioration
    • 14 Nuisance annoyance / immoral illegal conduct
    • 14Aa Tenant departure unlikely to return
    • 15 Furniture deterioration
    • 16 Employed tenant no longer employed
    • 17 Misleading statement inducing tenancy (HA 1996)

See also

  • Section 8 notices requires at least one of 17 grounds to evict (not to be confused with Section 21 (aka) Accelerated Notice to Quit (as it is quicker) requiring no grounds to evict.   Get it wrong and the judge will throw it out.  Eviction will require the legal process to start all over again and can take months.
  • (A Section 21 Notice uses Form 6A and will lapse (expire) 6 months after served on a tenant).
    • Note at the time of writing The Renters rights Bill (expected to be enacted during 2025 to 2026) proposes to abolish Section 21 Notices, whereafter only section 8 notices will be considered.
  • Notice periods
  • Acts of Parliament
Published: 11 November 2013 Last Updated: 5 December 2021